90 FAQs where found , 30 in this page
Low-income or struggling individuals, traders, retirees, professionals, housewives, and people who have a large income that allows them to pay for electricity, rent, insurance, food, etc. These individuals can pay the plan as set out under Chapter 13. It is not mandatory that the accounts are paid only with your salary. Bankruptcy lawyers will help you to recognize if you are a good candidate for Chapter 13. Learn More
Chapter 13 bankruptcy is preferable when: The individual that owes money wants to repay his or her debts in a specific amount of time. The person will lose prized, nonexempt property under Chapter 7. Under the mean test, there is no eligibility for Chapter 7. A person is ineligible for a Chapter 7 discharge because it was already received in 8 years. The debtor has a considerable amount of debts not dis-chargeable in Chapter 7 but still qualifies for Chapter 13 discharge. Learn More
The money to pay depends on the debt and the monthly payment plan established by your attorney. These can vary according to your income. It also depends on the duration of the plan to make your payments. Learn More
With bankruptcy, many people have the opportunity to restore their economy and eliminate their debts. Through the bankruptcy court, greatly indebted individuals have the possibility to recover economically. Learn More
After filing for bankruptcy you have the right to maintain those properties that were considered exempt; if you have inherited properties, you may have to sell some in order to start paying for the goods that are considered non-exempt properties and comply with the debt. Learn More
Yes, you can get new credit cards. With bankruptcy, you will be able to restore your credit again long before you finish the set payments. You only need the approval of the bankruptcy court. Sometimes the interest on loans is higher due to the bankruptcy. Learn More
With bankruptcy, a high percentage of debts are eliminated but there are some that depending on the established chapter cannot be canceled. These include student debts, certain taxes and fines, fraudulent customer debts, debts of food handling and custody, debts for driving under the influence of drugs and alcohol, debts that were not eliminated in previous bankruptcies, and so on. Learn More
A Chapter 13 bankruptcy trustee is an attorney who is selected by the United States Trustee. They must act as the trustee to the bankruptcy estate of every one who is filing for bankruptcy. In addition, his or her responsibilities are to make sure that the payment plan is followed, to collect the entire debtors payments, make the payments to the creditors, and finally control the case until it is closed. Learn More
Only individuals can file for Chapter 13 bankruptcy. This is because by law limited liability companies and corporations are consider a separate entity from the owner and its not consider an individual asset. When you file your taxes, they are both filed separately: personal and business. Other options can help business owners who wish to file for bankruptcy. Learn More
In order to file Chapter 13 bankruptcy, the debtor must take a credit counseling course by an official credit counseling agency to complete the process. After completing the course, the debtor will receive a certificate that he or she must present. The price of this course is approximately $50.00 and it usually lasts around one hour in course time. It is absolutely necessary to take this course if filing for bankruptcy. If not competed, the case will be dismissed automatically. Learn More
It varies from case to case. In most circumstances if the bank or credit union has to withstand a loss, it will close any accounts. On the other hand, if the debtor reiterates the debt to the bank, then the bank may not take action. It is important to discuss the different options with your bankruptcy attorney. Learn More
Ten years is an estimate time in which bankruptcy remains in the credit bureau report of public records. Depending on the employment and income conditions, car and mortgage financing might be available with a considerable down payment. Also, credit card solicitations may also be taken into consideration. These steps can be accomplished once the discharge is entered. Learn More
If the debtor is temporarily unable to make the payments from the payment plan due to certain situations, such as loss of employment, insured, or ill, the plan can be adapted to allow the debtor to make the payments when he or she can continue. If none of the reasons above are fulfilled or the debtor can no longer make the payments, then the case can be dismissed or adapted to a Chapter 7. Learn More
Your student loan can be paid with no interest as part of the payment plan. This is only accurate for Chapter 13 bankruptcy and not Chapter 7. Learn More
In order for an individual to file under Chapter 13, repayment of all secured creditors before debts in its entirety must be completed. A part of the amount that is owed to unsecured creditors must also be paid. Learn More
Both individuals and businesses can qualify for this type of bankruptcy. In contrast with Chapter 13, Chapter 11 provides no limit to the amount of debt discharged or repaid. Plans under Chapter 11 bankruptcy can be longer than the 5-year period under Chapter 13. Learn More
Both chapters include reorganizing debts into repayments plans. Nevertheless, there are a few differences between the two types of bankruptcy. The main difference is the debt limit Chapter 13 enforces. There is only a certain amount of secured and unsecured debt when filing under chapter 13. Learn More
Yes, its the most expensive form of bankruptcy in the U.S. Only the filing fee can cost over $1,000, which is triple the cost of Chapter seven bankruptcy. Moreover, negotiations can involve a lot of obstacles, and high legal fees. A small Chapter eleven bankruptcy will cost as much as $10,000. Larger cases can cost way more. Learn More
Yes, unlike Chapter 13, there is no time limit. There are different repayment plans and the length of the plan is based on court preference and the specific case. Consequently, repayment plans under chapter 11 can be quite long if the court determines so in order to give plenty of time to the debtor to reconcile their current debts. To obtain chapter 11 bankruptcy information, contact Gallardo law Firm. Learn More
Yes, this is a matter of public record therefore the public has access to these files through the courts. For example, if you own a business and are currently filing for Chapter 11, your customers will have access to this information. This information will appear on your credit report for 10 years. Learn More
Yes, they can receive a formal discharge. Usually, after the repayment plan has been established and approved, the remaining debts are discharged. From there on, debtors are accountable to make payments as instructed by the court. Its different for individuals as their debts are only discharged when the plan has been successfully completed. Some non-dischargeable debts include marital debts, student loans, and civil lawsuit judgments. Learn More
Debtors are usually able to convert their case from one chapter to the other. This occurs when the debtor-in-possession cant propose a plan accepted by the court. Yet the conversion can only be requested by creditors through filing a motion with the court. Learn More
Individual debtors have no discharge under Chapter 11 unless the debtor makes the required payments. The proposed plan can be objected and payment in full can be forced or a receipt of all disposable income can be obtained. The cost is another issue to think about. Chapter 11 bankruptcies can be costly and time consuming because they are quite complex. A courts approval is required in order to dismiss a Chapter 11 whereas a Chapter 13, for example, can be dismissed at any time. Hiring a Chapter 11 lawyer can save you time and money. Call Gallardo law Firm today to find out more about how we can help you navigate through your case with ease. Learn More
The bankruptcy process is the mechanism that is developed in federal court following bankruptcy laws established in the United States, to protect and assist individuals or businesses in solving problems of payments to other institutions known as creditors. Learn More
Chapter 7 is part of the bankruptcy law that allows for a person to discharge specified debts by filing a case in the bankruptcy court, turning over all non-exempt properties and assets to a court appointed trustee, and following the rules set by the court. A person who files for a Chapter 7 bankruptcy is called a debtor. Learn More
Someone who qualifies for a Chapter 7 bankruptcy meets certain criteria. Any person whose current income is sufficient to repay a large portion of his or her debts should not file for Chapter 7, as the court may dismiss the case as an abuse of Chapter 7. In addition, if you have previously filed a bankruptcy within a certain period of time, or if the court believes you are committing fraud against your creditors, you will not be able to file a Chapter 7 bankruptcy. It is important to contact our bankruptcy lawyers. They can help you recognize if you are a good candidate for Chapter 7. Learn More
If an individual discharged debt under a Chapter 7 bankruptcy within the past eight years or under a Chapter 13 bankruptcy within the past six years, then the debtor is ineligible for Chapter 7. If a debtor failed to meet the credit counseling requirements, the individual will not be eligible to file Chapter 7. In addition, if the debtors income is high enough to repay a portion of their debt, he or she will not be able to file. Learn More
Before you file bankruptcy, you must complete a credit counseling course pre-approved by the bankruptcy court, including 180 days of bankruptcy petition, and present evidence to the court that the course has been passed. There are free agencies in Miami for credit counseling. You can contact Gallardo Law Offices for more information on credit counseling. Learn More
Chapter 7 eliminates almost all debts, but there are some that remain after the bankruptcy discharge, such as: student loans, fines due to government agencies, child support and spousal support or alimony debts. Learn More
Chapter 7 cases are filed in the office of the clerk of the Bankruptcy Court in the district where the debtor resided or maintained a place of business for the larger portion of the 180 days prior to filing. Learn More